Case Note & Summary
The dispute arose from a long-standing litigation involving the Food Corporation of India Workers Union and the Food Corporation of India regarding the reinstatement of retrenched workmen. The Supreme Court had previously directed the reinstatement of certain workmen, but some had died between 1975 and 1996 before the benefit of reinstatement could be conferred. An application was filed seeking the appointment of the kith and kin of these deceased workmen based on their identification. The court noted that the only surviving prayer was for the appointment of these kith and kin. It directed the preparation of two lists: one for those who died between 1975 and 6.8.1989 and another for those who died from 7.8.1989 to 1996. The Food Corporation was tasked with scrutinizing the claims of the kith and kin of those who died after 7.8.1989, as they would have benefited from the earlier reinstatement order had they not died. The respondents contended that a policy change after 7.8.1989 limited the applicability of compassionate appointments to those who were actively employed at the time of death. The court rejected this argument, asserting that retrenched workmen who were entitled to reinstatement should be considered as having died in service. The court maintained that the same directions regarding the identification of workmen and their kith and kin would apply, regardless of the policy changes. Ultimately, the application was disposed of in accordance with these principles.
Headnote
A) Employment Law - Compassionate Appointment - Eligibility of Kith and Kin - Food Corporation of India Act, 1964 - Court directed that kith and kin of deceased workmen who were retrenched but entitled to reinstatement must be considered for appointment, irrespective of policy changes post-1989. The court held that such deceased workmen should be deemed to have died in harness for the purpose of compassionate appointment (Paras 1-2).
Issue of Consideration
Whether the kith and kin of deceased workmen are entitled to appointment on compassionate grounds despite policy changes.
Final Decision
The court directed that the kith and kin of deceased workmen who were retrenched but entitled to reinstatement must be considered for appointment on compassionate grounds, irrespective of policy changes post-1989.
Law Points
- Compassionate appointment
- retrenchment
- reinstatement
- policy change
- identification of claimants
